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18.2-415 Disorderly Conduct

Under Virginia law, disorderly conduct is a Class 1 misdemeanor - the most serious class of Virginia misdemeanor offenses, carrying among other things a maximum $2,500 fine and a maximum of 12 months incarceration.

You may be charged with disorderly conduct if you intentionally or recklessly cause a public disturbance:

(i) With conduct in a public place that has a direct tendency to cause violence; or,

(ii) Willfully, or while voluntarily intoxicated, disrupt funeral, memorial service or meeting of a governing body of a Commonwealth political subdivision, or any school, literary society or place of worship if such disruption prevents or interferes with orderly conduct or has a direct tendency to cause violence; or,

(iii) Willfully, or while voluntarily intoxicated, disrupt operation of any school or school sponsored activity, if such disruption interferes with orderly conduct or has a direct tendency to cause violence.

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§ 18.2-415. Disorderly conduct in public places.

A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

A. In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or

B. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or

C. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.

However, the conduct prohibited under subdivision A, B or C of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.

The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

The governing bodies of counties, cities and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefore shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.